FASHION. OUR FOURTH. YES. [00:00:02] FOURTH ALL-AMERICAN. GOOD AFTERNOON EVERYONE. TODAY'S DATE IS NOVEMBER 20TH, 2024. IT IS 5:30 P.M., AND I'D LIKE TO CALL OUR ZONING BOARD OF ADJUSTMENT MEETING TO ORDER. STAFF, CAN YOU CONFIRM THAT WE HAVE A QUORUM? YES. STAFF DOES CONFIRM THAT WE DO HAVE A QUORUM WITH BOARD MEMBER, MR. DUSTIN GARZA. BOARD MEMBER. MR. MARK GONZALEZ, VICE CHAIRMAN. MR. ELISA GARZA, YOURSELF. MR. CHAIRMAN MICHAEL CANTU, BOARD MEMBER. MR. RUBEN RUIZ, BOARD MEMBER ANDREW ALMAGUER, BOARD MEMBER OMAR GOUVEIA. AND WE DO HAVE OUR DEPUTY CITY ATTORNEY, MR. BEN ALONSO. THANK YOU FOR THAT. CAN EVERYONE PLEASE RISE AND JOIN ME FOR PRAYER? [1. CALL MEETING TO ORDER, ESTABLISH QUORUM] [A. Prayer] LET US PRAY. HEAVENLY FATHER, WE COME TO YOU TODAY ASKING FOR YOUR GUIDANCE, WISDOM AND SUPPORT AS WE BEGIN TODAY'S MEETING. HELP US TO ENGAGE IN MEANINGFUL DISCUSSION. ALLOW US TO GROW CLOSER AS A GROUP AND NURTURE THE BONDS OF COMMUNITY. FILL US WITH YOUR GRACE, LORD GOD, AS WE MAKE DECISIONS THAT MIGHT AFFECT OUR CITY AND CONTINUE TO REMIND US THAT WE ALL, WHAT WE ALL DO HERE TODAY, ALL ALL THAT WE ACCOMPLISH, IS FOR THE BETTERMENT OF OUR CITY. WE ASK THESE THINGS IN YOUR NAME. AMEN. MISTER GARZA, CAN YOU LEAD US IN OUR PLEDGE? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. [B. Pledge of Allegiance] AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ITEM TWO. CERTIFICATION OF PUBLIC NOTICE. [2. CERTIFICATION OF PUBLIC NOTICE] YES, MR. CHAIRMAN. STAFF DID NOTIFY THE PUBLIC AS PER THE TEXAS OPEN MEETINGS ACT. ON FRIDAY, THE 15TH OF NOVEMBER AT 8:15 P.M.. [3. DISCLOSURE OF CONFLICT OF INTEREST] ITEM THREE DISCLOSURE OF CONFLICT OF INTEREST. MR. CHAIRMAN, UNDER STATE LAW, LOCAL GOVERNMENT OFFICIAL IS REQUIRED TO DISCLOSE A SUBSTANTIAL INTEREST FOR THEMSELVES OR CERTAIN FAMILY MEMBERS AND ABSTAIN FROM VOTING ON MATTERS RELATED TO SUCH CONFLICT. ARE THERE ANY CONFLICTS TO DISCLOSE RELATED TO THE PENDING MATTERS ON TODAY'S AGENDA? NO. THANK YOU. PUBLIC COMMENTS. [4. PUBLIC COMMENTS] PUBLIC COMMENTS ARE LIMITED TO THREE MINUTES. IF A RESIDENT DESIRES TO MAKE A PUBLIC COMMENT, PLEASE NOTIFY THE CHAIRPERSON PRIOR TO THE START OF THE MEETING. A SPOKESPERSON FOR LARGE GROUPS IS REQUIRED. WE ASK FOR EVERYONE'S COOPERATION IN FOLLOWING THESE PROCEDURES. IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO MAKE PUBLIC COMMENTS? NO. OKAY. MOVING ON TO ITEM FIVE. [5. THE FOLLOWING ARE THE MEETING PROCEDURES USED BY THE ZONING] THE FOLLOWING ARE THE MEETING PROCEDURES USED BY THE ZONING BOARD OF ADJUSTMENTS. [A. All items are generally considered as they appear on the agenda as each item is introduced.] [B. Staff will present its findings and recommendation on the item being considered.] ALL ITEMS ARE GENERALLY CONSIDERED AS THEY APPEAR ON THE AGENDA AS EACH ITEM IS [C. The party making the request may make a presentation and may address the Board on any] [D. Anyone in the audience desiring to speak in favor or in opposition may do so. A three (3)] INTRODUCED. STAFF WILL PRESENT ITS FINDINGS AND RECOMMENDATION ON THE ITEM BEING CONSIDERED. THE PARTY MAKING THE REQUEST MAY MAKE A PRESENTATION, AND MAY ADDRESS THE BOARD ON ANY ISSUES ARISING DURING THE DISCUSSION OF THE ITEM BEING CONSIDERED. ANYONE IN THE AUDIENCE DESIRING TO SPEAK IN FAVOR OR IN OPPOSITION MAY DO SO. A THREE MINUTE TIME LIMIT WILL BE GIVEN TO EACH PERSON INTERESTED IN SPEAKING ON THE ITEM. THE USE OF A SPOKESPERSON FOR A LARGE GROUP OF PEOPLE WILL BE REQUIRED. ONCE THE CHAIR CLOSES THE PUBLIC HEARING, THE BOARD MAY QUESTION ANYONE AND MAINTAIN ANY DISCUSSION WHICH CLARIFIES THE PROPOSAL AND WILL THEN TAKE WHAT ACTION IT BELIEVES TO BE APPROPRIATE. A MINIMUM OF FOUR VOTES ARE REQUIRED FOR AN ITEM TO BE APPROVED BY THE BOARD. MOVING ON TO ITEM SIX, OUR MINUTES. CONSIDER APPROVAL OF THE MINUTES FOR SEPTEMBER 18TH, 2024. CAN I GET A MOTION FROM THE BOARD? WORD. I HAVE A MOTION FOR APPROVAL. [6. MINUTES] [00:05:01] IS THERE A SECOND? I HAVE A SECOND FOR MR. ALMAGUER. ALMAGUER? ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. [A. Consider Approval of the minutes for September 18, 2024] [B. Consider Approval of the minutes for October 23, 2024] ALL OPPOSED? SAME SIGN. MOTION PASSES. ITEM SIX. BE. CONSIDER APPROVAL OF THE MINUTES FOR OCTOBER 23RD, 2024. CAN I GET A MOTION FROM THE BOARD? I'LL MAKE A MOTION, MR. CHAIR. MOTION FOR APPROVAL. CAN I SECOND? I SECOND THE MOTION. HAVE A SECOND FROM MR. GARZA. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. MR. CHAIRMAN, IF I MAY, AS MENTIONED EARLIER, WE DO HAVE AN ATTENDANCE WITH US. OUR DEPUTY CITY ATTORNEY, MR. ALONSO. I JUST WANTED TO WELCOME HIM TO HIS FIRST MEETING WITH US. AND WELCOME TO THE TEAM. WELCOME. THANK YOU ALL. GLAD TO HAVE YOU ON BOARD. THANK YOU. MOVING ON TO PUBLIC HEARINGS, ITEM SEVEN A. THIS IS A REQUEST BY LA ESMERALDA SERVICES, LLC FOR A VARIANCE TO THE CITY OF EDINBURG UNIFIED DEVELOPMENT CODE TO ALLOW AS FOLLOWS. TO HAVE A 50 FOOT LOT WIDTH INSTEAD OF A 100 FOOT MINIMUM. [7. PUBLIC HEARINGS] [A. Request by La Esmeralda Services LLC for a Variance to the City of Edinburg Unified] REQUIRED BY CODE TO HAVE 7100FT² LOT AREA INSTEAD OF THE 12,000FT² MINIMUM REQUIRED TO HAVE A SIX FOOT SIDE YARD SETBACK INSTEAD OF A 15 FOOT SIDE YARD SETBACK, AND TO HAVE SIX UNITS INSTEAD OF FOUR UNITS MAXIMUM AT LOT 14, BLOCK 263 WEST ADDITION TO EDINBURG, HIDALGO COUNTY, TEXAS. LOCATED AT 1005 WEST CANAL STREET. GOOD EVENING. I AM RICARDO FARLEY, ONE OF THE PLANNERS HERE IN THE PLANNING DEPARTMENT WITH THE CITY OF EDINBURGH. SO HERE ARE THE APPLICANT IS SEEKING A VARIANCE TO A UNIFIED DEVELOPMENT CODE ARTICLE THREE. IF WE TAKE A LOOK HERE AT THE PICTURE, THIS IS THE SUBJECT PROPERTY. WE'RE GOING TO SEE HOW THIS CAME TO OUR ATTENTION AND THE DIFFERENT VARIANCES. THERE'S FOUR DIFFERENT VARIANCES. THERE'S GOING TO BE REQUESTED. SO AGAIN IF YOU GO TO ARTICLE THREE IT APPLIES TO LOT DIMENSIONS AND SETBACKS. SO THE APPLICANT IS PROPOSING TO ADD TWO ADDITIONAL UNITS TO AN EXISTING FOURPLEX. SO WHAT YOU SEE BEFORE YOU RIGHT HERE IS AN EXISTING FOURPLEX. AND THE APPLICANT IS PROPOSING TO SPLIT UP THE APARTMENTS UPSTAIRS IN GREEN WOULD BE THE NEW WALLS. SO BASICALLY SHE WOULD BE ADDING TWO ADDITIONAL STUDIO APARTMENTS. OKAY. SO BY DOING THIS, THIS WOULD TRIGGER THE BUILDING TO BE CONSIDERED BY DEFINITION AS AN APARTMENT, NOT A FOURPLEX. SO OUR CODE SAYS ANYTHING WITH FIVE OR MORE DWELLING UNITS UNDER ONE ROOF WOULD BE CONSIDERED AN APARTMENT. AND SO THEREFORE AN APARTMENT WOULD HAVE DIFFERENT SETBACKS, AN APARTMENT WOULD HAVE DIFFERENT DENSITY, DIFFERENT LOTTERY, AND A DIFFERENT LOT WITH. SO BASICALLY THAT'S WHAT IS BEFORE US THIS EVENING. SO THEREFORE THE APPLICANT IS ASKING NUMBER ONE TO HAVE A 50 FOOT LOT WIDTH INSTEAD OF 100 FOOT MINIMUM REQUIRED BY CODE. SECONDLY, TO HAVE A 7100 SQUARE FOOT LOT AREA INSTEAD OF 12,000 SQUARE FOOT MINIMUM REQUIRED, AND THIRD TO HAVE A SIX FOOT SIDE YARD WHERE A 15 FOOT SIDE SETBACK IS REQUIRED. AND LASTLY TO HAVE SIX UNITS INSTEAD OF FOUR UNITS MAXIMUM. SO THAT'S WHAT IS BEFORE US AT THIS TIME. AND AS WE MOVE FORWARD, WE'RE GOING TO LOOK AT A LITTLE BIT ABOUT WHERE THIS PROPERTY IS LOCATED IN THE BACKGROUND AND HOW THIS CAME TO OUR ATTENTION AND ULTIMATELY TO YOU THIS AFTERNOON. SO THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF WEST CANAL STREET 50FT WEST OF SOUTH SECOND AVENUE IS ZONED RESIDENTIAL MULTIFAMILY. IT IS ZONED RESIDENTIAL MULTIFAMILY, SO SHE IS IN THE RIGHT ZONE. ADJACENT ZONING IS RESIDENTIAL PRIMARY TO THE EAST, COMMERCIAL, GENERAL AND RESIDENTIAL MULTIFAMILY TO THE SOUTH AND TO THE WEST AND ADJACENT. LAND USES ARE SINGLE FAMILY USES, MULTIFAMILY RESIDENTIAL USES, AND COMMERCIAL USES. SO THIS IS HOW IT CAME TO PLANNING'S ATTENTION. SO THIS PROPERTY IS PART OF THE WEST ADDITION TO EDINBURGH THAT WAS RECORDED ON SEPTEMBER 19TH, 1946. SO ON JULY THE 18TH, THE APPLICANT SUBMITTED A BUILDING PERMIT FOR THE ADDITIONAL UNITS. SO STAFF, WE REVIEWED THE PERMIT AND WE NOTICED THAT SINCE THIS IS GOING TO BE CONSIDERED AN APARTMENT, IT DOES NOT MEET THE REQUIRED SETBACKS, LOT DIMENSIONS AND DENSITY. SO THEREFORE THE APPLICANT SHOULD REQUIRE FOR A VARIANCE. AND THIS WAS RECEIVED ON OCTOBER THE 3RD, 2024. NOW WE DID MAIL NOTICES TO THE 32 NEIGHBORING PROPERTY OWNERS ON NOVEMBER THE 8TH, [00:10:01] 2024, AND WE HAVE RECEIVED SEVEN COMMENTS IN FAVOR. HOWEVER, AT THIS TIME, WE WERE ONLY ABLE TO JUSTIFY OR TO APPROVE FOUR OF THOSE COMMENTS IN FAVOR. WE WEREN'T ABLE TO JUSTIFY ALL SEVEN OF THEM, BUT SHE DOES HAVE FOUR NEIGHBORING PROPERTY OWNERS THAT ARE IN FAVOR OF THIS REQUEST, AND WE RECEIVED ZERO AGAINST THIS REQUEST. SO THE APPLICANT SUBMITTED A SITE PLAN, AND SHE'S PROPOSING THOSE TWO ADDITIONAL UNITS AS WE SEE PICTURED HERE. THE SETBACKS FOR AN APARTMENT BUILDING ARE FRONT 20, SIDE 15 AND REAR 20. SHE DOES MEET THE FRONT AND THE REAR SETBACKS OF 20FT. SHE DOES NOT MEET THE SIDE SETBACK OF 15. CURRENTLY, SHE ONLY HAS A SIX FOOT SIDE YARD. THE PROPOSED BUILDING DOES NOT MEET THE MINIMUM LOT SQUARE FOOTAGE OR LOT WIDTH. ALSO, THE LOT WOULD ONLY ALLOW FOR A MAXIMUM OF FOUR UNITS. NOW THE APPLICANT STATES THAT BECAUSE OF THE NEED FOR THE APARTMENTS HERE IN THIS AREA, THAT'S WHY SHE'S PROPOSING TO ADD THOSE TWO ADDITIONAL UNITS. AND ANOTHER THING THAT SHE BROUGHT OUT IS THAT THE SQUARE FOOTAGE OR THE FOOTPRINT OF THE BUILDING WOULD NOT CHANGE. AND SHE DOES MEET THE PARKING REQUIREMENTS BASED ON A PREVIOUS VARIANCE. AND SO STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST. IF THE BOARD APPROVES THIS REQUEST, SHE WOULD NEED TO PAY A RECORDING FEE. THANK YOU, MR. FOLEY. AND I DO BELIEVE THE APPLICANT IS HERE. I'LL NOW OPEN THIS ITEM FOR PUBLIC COMMENTS. IS THE APPLICANT HERE? YES SHE IS. WHERE IS THAT? EXCUSE ME. WOULD YOU LIKE TO APPROACH THE PODIUM AND JUST STATE YOUR NAME STATUS IN ESPANOL. SHE'S ONLY SPANISH. OKAY. OKAY. EXCUSE ME. I DO NOT SPEAK ENGLISH. I LOVE I'M LISTENING. NOTHING. BUT I. ONE PERSON HAD TOLD ME THE TRANSLATE. SI. MR. CHAIR, I HATE TO INTERRUPT, BUT IF WE COULD JUST HAVE THE INDIVIDUAL SPEAKING ANNOUNCE HER NAME FOR THE RECORD WITH MARTA LOPEZ. OKAY. ESTADOS UNIDOS A. LA OPORTUNIDAD DE COMPRAR EL TERRENO DE MEDICINA EN MONTERREY POR VIVIR LEJOS DE LA UNIVERSIDAD IN AQUELLOS TIEMPOS TANTOS ANOS. ENTONCES PENSÉ. UN EDIFICIO PRINCIPALMENTE PARA ESTUDIANTES O FAMILIAS AQUI ENTONCES CONSTRUYE EL EDIFICIO DE CUATRO DEPARTAMENTOS CON CAMARAS Y DE LAS PERSONAS AHI. PRIVACIDAD. DEL DERECHO DE VIVIENDA HACE APROXIMADAMENTE CINCO ANOS. LA PARTE DE ARRIBA. PARA DEPARTAMENTOS. DIFICULTAD. SIN EMBARGO, PEQUENAS ESTUDIANTES DE UNA SOLA. YO ENTIENDO UNA FAMILIA PEQUENA NECESITA. UN ESTUDIANTE NECESITA MAS PRIVACIDAD MY MAS. ESPACIO DE SILENCIO. EL EDIFICIO GUARDAR. SILENCIO. LOS COMPANEROS PORQUE GENERALMENTE TENGO ESTUDIANTES DE AQUI DE LA UNIVERSIDAD. ENTONCES YO ESTOY SOLICITANDO UN CAMBIO EN EL PROYECTO INTERNA DENSIDAD DE POBLACION LOS PIES CUADRADOS. QUIERO ES UN POCO MAS DE PRIVACIDAD MAS OPORTUNIDAD DE FAMILIAS ESTUDIANTES. DE LA SOCIEDAD ESTUDIANTIL. SUPERIOR. OCUPADA. EL. REQUERIMIENTOS. A AUTORIZADO Y CUANDO VIENE AQUI YA LO VOY A HACER PORQUE SE A TRAVÉS DE [00:15:04] LA PANDEMIA. CUANDO YO LO ESTABA ENTRANDO. YA LO VOY A HACER. YA TENGO DISPOSICION NO TENEMOS Q EMPEZAR DE NUEVO PORQUE YA CAMBIARON LAS REGLAS DE LA CIUDAD. ENTONCES YO VENGO AQUI A SOLICITAR SU AUTORIZACION SU ORIENTACION PARA TENER UN EDIFICIO SEGURO TRANQUILO. DE SEGURIDAD FIRE RETARDANTS DE FUEGO TENER UN EDIFICIO COMFORTABLE. NO. ESTOY AUMENTANDO EL NUMERO DE POBLACION EL NUMERO DE PIES. CON TODA LA SEGURIDAD DE LA CIUDAD. ESPERO CONTAR CON SU APOYO. A LA CIUDAD A LA POBLACION. SI EN MI BENEFICIO PROPIO. ES TODO. MUCHAS GRACIAS. IS THERE ANYONE ELSE IN THE PUBLIC THAT WOULD LIKE TO COMMENT ON THIS ITEM? DOES STAFF HAVE ANY QUESTIONS? CAN I ASK YOU A QUESTION? SURE. MR. FARLEY, THIS, IF I'M NOT MISTAKEN, DID THIS REQUEST COME IN THE LAST MEETING OR SO? IS IT THE SAME PROJECT? IT IS THE SAME PROJECT. HOWEVER THE APPLICANT WASN'T ABLE TO ATTEND, SO THAT'S WHY WE'RE PUTTING IT ON THE AGENDA THIS EVENING. SO NOTHING'S CHANGED AS IT RELATES TO STAFF'S REVIEW OR ANYTHING LIKE. OR ANYTHING YOU'VE SEEN DIFFERENT. IT'S PRETTY MUCH THE SAME REQUEST. IT'S PRETTY MUCH THE SAME REQUEST, SIR. THANK YOU SIR. AND MR. FARLEY. THE CITY DOES HAVE THE SAME CONCERNS MENTIONED IN THE LAST HEARING THAT WE HAD WITH REGARD TO THE BOARD APPROVING OR MAKING A MOTION TO APPROVE THIS REQUEST. YES, SIR, WE DO. BASICALLY, IF YOU RECRUIT, YOU APPROVE THIS REQUEST, AND IT DOESN'T, IT HAS LESS SQUARE FOOTAGE AND LESS STREET FRONTAGE OR THE WIDTH. BASICALLY, YOU'D BE SETTING A PRECEDENT FOR ANY ADDITIONAL ONES THAT MAY COME IN AFTER THIS. THANK YOU. MR.. SURE. SO I HAVE SOME COMMENTS. YES. TALKING ABOUT THE PRESIDENT THAT WE'RE GOING TO BE SETTING ON THIS 50 BY 5142 LOT. YES, SIR. WE HAD ONE RECENTLY, A COUPLE OF MEETINGS AGO WHERE, YOU KNOW, IT BECOMES AN ISSUE WITH PARKING OR MOVEMENT OF OF CARS AND TRUCKS AND COMING IN AND OUT OF THOSE AREAS. AND ALSO I SEE ALSO A SAFETY CONCERN WITH SO MANY TENANTS LIVING IN SUCH A SMALL SPACE WHERE I WOULD IMAGINE ON A SECOND STORY BUILDING SOMETHING LIKE THIS WITH THAT MANY TENANTS, OF COURSE, WE WOULD HAVE TO LOOK INTO THE SAFETY OF SPRINKLER SYSTEMS, RISER ROOMS, YOU KNOW, THOSE KIND OF DETAILS. AND THEN, OF COURSE, MORE SO SETTING THAT PRECEDENT OF HERE IN THE CITY OF EDINBURGH OF THESE SMALLER LOTS JUST GETTING MORE CONGESTED AND CONGESTED. AND BEFORE YOU NOTICE, WE HAVE AN ISSUE WITH TRASH PICKUPS AND, YOU KNOW, PARKING. YOU KNOW, I UNDERSTAND THAT EVERY EFFICIENCY UNIT WITH CODE IS ONE ONE PARKING SPACE. THAT IS CORRECT. YOU KNOW, WE COULD ALWAYS YOU KNOW, WE DON'T KNOW. THERE'S ALWAYS GOING TO BE THAT ONE CAR OR WHAT HAVE YOU. SO IT'S JUST WELL, PRESENTLY IN REGARDS TO THE APPLICANT, THE APPLICANT DOES MEET THE REQUIRED PARKING. OKAY. HOWEVER YOU'RE TALKING ABOUT THE DENSITY THAT'S ON THIS PARTICULAR SITE. I BELIEVE WE DO HAVE THE FIRE MARSHAL WITH US THIS EVENING. AND MAYBE HE CAN EXPLAIN A LITTLE BIT MORE ABOUT WHAT IS REQUIRED AS FAR AS SPRINKLER SYSTEMS AND SO FORTH. THANK YOU. NO. WELL, HERE'S THE FIRE, CHIEF. ASSISTANT CHIEF. HI. GOOD EVENING. BOARD. MY NAME IS GABRIEL ESPINOZA. RECENTLY PROMOTED TO ASSISTANT CHIEF. I ACTUALLY WANTED TO INTRODUCE OUR NEWLY APPOINTED FIRE MARSHAL, MR. ANTHONY RIOJAS. WHO'S BACK THERE? WELCOME. WELCOME. CONGRATULATIONS, MR. ESPINOZA. THANK YOU. THANK YOU. SO, JUST TO TOUCH ON THIS PARTICULAR FLOOR PLAN, I ACTUALLY DID REVIEW THIS AND MADE SOME COMMENTS ON IT. SO ANY APARTMENT THAT HAS THREE OR MORE, OR OTHER DWELLINGS IN IT. IT REQUIRES A SPRINKLER SYSTEM, SO WHAT THEY PROVIDED DIDN'T REALLY GIVE TOO MUCH DETAIL INTO THAT. SO WE WOULD END UP CATCHING THAT IF IT WAS TO GET APPROVED AT BUILDING PERMIT. [00:20:05] AND THAT WOULD BE A PRETTY BIG EXPENSE, BECAUSE IT WOULD REQUIRE A SPRINKLER SYSTEM TO BE INSTALLED ALONG WITH THE FTC. THE FTC HAS TO BE ON THE PROPERTY, AND THERE HAS TO BE A HYDRANT WITHIN 100FT OF THAT. SO IT STARTS TO JUST COMPILE OTHER STUFF. IF WE'RE SPEAKING OF DENSITY, RIGHT. BECAUSE NOW THEY HAVE TO WORRY ABOUT BRINGING IN ANOTHER EIGHT INCH WATER LINE HYDRANT. SO IT JUST DEPENDS. THERE WASN'T ENOUGH INFORMATION ON THE ORIGINAL PLANS THAT THEY SUBMITTED FOR US, BUT AS FAR AS SAFETY IS CONCERNED, WE'D END UP CATCHING THAT AND THEY'D HAVE TO TO MEET OUR MINIMUM STANDARDS AT THAT POINT. THANK YOU FOR YOUR COMMENTS. THANK YOU, MR. ESPINOZA. SO AS THE ASSISTANT FIRE CHIEF BROUGHT OUT. SO FAR. NONE OF THE OTHER DEVELOPMENT TEAM HAS APPROVED THIS PERMIT. THANK YOU SIR. ARE THERE ANY MORE COMMENTS FROM THE PUBLIC OR FROM THE BOARD? MR. FARLEY? I DO HAVE A QUESTION, THOUGH. PROCEDURALLY, I KNOW THAT THE BOARD HAD DENIED THE REQUEST. LAST HEARING. IS THAT CORRECT? I'M TRYING TO. I DON'T THINK THE I DON'T THINK VOTED TO DENY. I THINK I THINK THAT'S CORRECT. I DON'T THINK IT WAS HEARD. LET ME CHECK. WE VOTED AGAINST IT. AND THEN THE BOARD ALSO THE THEY ALSO DIDN'T APPROVE. RIGHT. THE BOARD DENIED THE REQUEST AND IT WAS VOTED ON. I GUESS PROCEDURALLY, THE QUESTION THAT I HAVE IS, DO WE HAVE TO SET ASIDE LAST BOARD'S LAST? WELL, PROCEDURALLY, I THINK THAT'S PROBABLY A QUESTION FOR OUR CITY ATTORNEY. IF THE BOARD CAN ALLOW ME A COUPLE OF SECONDS, I DO NEED TO JUST CONFIRM THAT THERE WAS AN ACTUAL VOTE ON THE ITEM, AND NOT THAT IT WAS TABLED TO THE NEXT MEETING. IT WAS DENIED. IT'S IN THE MINUTES. IT WAS DENIED. IT WAS DENIED. YEAH. I DON'T PLANNING AND ZONING DIRECTOR, FOR THE RECORD, I BELIEVE THAT THEY DID ACT ON THE ITEM. HOWEVER, IN SPEAKING TO THE APPLICANT, SHE WASN'T PROPERLY NOTIFIED. STAFF FAILED TO SEND HER A PROPER NOTICE. SO THAT IS A REASON THAT WE BROUGHT IT BACK. OKAY. MAKES SENSE. THANK YOU. OKAY, THAT MAKES SENSE. ANY MORE QUESTIONS? NO. AT THIS TIME, I'LL CLOSE PUBLIC COMMENTS AND ASK THE BOARD FOR A MOTION. MOTION TO DENY THE REQUEST. I HAVE A MOTION FOR DENIAL. SECOND. MR. CHAIRMAN, I HAVE A SECOND FOR MR. GONZALEZ. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION TO DENY PASSES. MOVING ON TO ITEM SEVEN B REQUEST BY DOCTOR ROBIN CHOWDHURY FOR A VARIANCE TO THE CITY OF [B. Request by Dr. Robin Choudhury for a Variance to the City of Edinburg Unified Development] EDINBURGH DEVELOPMENT CODE TO ALLOW HIS FOLLOWERS TO HAVE A 13.3FT FRONT YARD SETBACK, WHERE A 20 FOOT FRONT YARD SETBACK IS REQUIRED AT LOT ONE, BLOCK 112. ORIGINAL TOWN SITE OF EDINBURGH, GLASGOW COUNTY, TEXAS, LOCATED AT 1002 EAST BEND STREET. OKAY, SO BEFORE WE BEGIN, WE WANT TO LOOK AT THE PICTURE HERE SO WE CAN GET A CLEAR IDEA OF WHAT THE APPLICANT IS PROPOSING. THE APPLICANT DROPPED THIS PICTURE OFF AND WE MADE IT PART OF THE AGENDA THIS EVENING. SO YOU GUYS CAN HAVE AN OPPORTUNITY TO VIEW WHAT'S GOING TO BE PROPOSED BEFORE US. SO THE APPLICANT IS SEEKING A VARIANCE TO UNIFIED DEVELOPMENT CODE ARTICLE THREE AS IT APPLIES TO LOT DIMENSIONS AND SETBACKS. THE APPLICANT IS PROPOSING TO EXPAND THE LIVING SPACE OF HIS HOME. AND AS WE SEE HERE, THE PLANNING DEPARTMENT. WE CONSIDER THIS AN ATTACHED ENCLOSED PORCH. SO THE PROPOSAL WOULD REDUCE THE FRONT YARD SETBACK FROM 20FT TO 13.3FT. SO THIS PROPERTY IS LOCATED ON THE SOUTHEAST INTERSECTION OF EAST VAN STREET AND INTERSECTION OF NORTH 20TH STREET. THE PROPERTY IS ZONED RESIDENTIAL PRIMARY DISTRICT. ADJACENT ZONING IS RESIDENTIAL PRIMARY IN ALL DIRECTIONS, AND THE LAND USES ARE SINGLE FAMILY RESIDENTIAL USES. AGAIN IN ALL DIRECTION. SO THIS PROPERTY IS PART OF THE ORIGINAL TOWN SITE OF EDINBURG. SO WHAT HAPPENED? ON AUGUST THE 1ST, 2024, THE APPLICANT SUBMITTED A BUILDING PERMIT FOR THE PROPOSED ENCLOSED PORCH. STAFF REVIEWED THE BUILDING PERMIT AND NOTICED THE ENCROACHMENT. IN FACT, STAFF HAD TO GO OUT AND DO SOME SOME FIELD VERIFICATIONS BECAUSE THE SITE PLAN THAT WAS SUBMITTED WAS DRAWN INCORRECTLY. THEY TOOK THE MEASUREMENTS FROM AN OLD FENCE POST AND NOT THE PROPERTY LINE. SO WE HAD TO GO OUT AND VERIFY SOME OF THE DIMENSIONS HERE. SO WHAT HAPPENED? THE APPLICANT SUBMITTED THE BUILDING PERMIT. WE NOTICED THE ENCROACHMENT, AND THE APPLICANT APPLIED FOR A VARIANCE, [00:25:02] WHICH WAS RECEIVED ON OCTOBER THE 28TH, 2024. STAFF DID MAIL NOTICES THE VARIANCE REQUEST TO 42 NEIGHBORING PROPERTY OWNERS ON NOVEMBER THE 8TH, 2024. AND AS OF THIS EVENING, WE RECEIVED NO COMMENTS IN FAVOR OR AGAINST THIS REQUEST. SO THE APPLICANT IS PROPOSING TO EXPAND THE LIVING SPACE OF HIS HOME WITH AN ENCLOSED PORCH. THE PORCH WILL MEASURE EIGHT FEET BY 16FT IN LENGTH AND WOULD ENCROACH 16.7FT INTO THE 20 FOOT FRONT SETBACK. SO WHAT MYSELF AND MY WORK COLLEAGUE DID, WE TOOK A TOUR OF THE NEIGHBORHOOD TO SEE IF THERE WERE ANY SIMILAR ENCLOSED PORCHES ENCROACHING IN THE FRONT YARD, AND WE COULDN'T FIND ANY THAT WERE ENCROACHING. WE DID FIND SOME UNENCLOSED PORCHES, BUT NONE THAT WERE ENCLOSED, AND THE APPLICANT STATES THAT THE PORCH IS NECESSARY FOR INCREASED SAFETY. SO STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST IF APPROVED. HERE AGAIN, THEY WOULD HAVE TO PAY A RECORDING FEE. THANK YOU SIR. SURE. AND WE DO HAVE THE APPLICANT WITH US THIS EVENING. I'LL OPEN THE ITEM FOR PUBLIC COMMENTS. IS THE APPLICANT HERE TO SPEAK ON THE ITEM? THANK YOU SIR. CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? GOOD EVENING, COUNCIL MEMBERS. I'M DOCTOR ROBIN ALLEN CHOUDHRY. SO THIS IS MY HOUSE. I'VE LIVED HERE FOR ABOUT FIVE YEARS. MY DREAM IS TO HAVE A SPACE WHERE I CAN OPEN THE FRONT DOOR AND NOT IMMEDIATELY WALK OUT INTO THE WILD WORLD WHERE BASICALLY WE HAVE DOGS ROAMING OUR NEIGHBORHOOD. I'D LIKE TO HAVE A LITTLE BIT OF BREAK SPACE WHERE I DON'T HAVE TO BASICALLY WONDER WHAT'S IMMEDIATELY OUTSIDE THE FRONT DOOR. THE OTHER CHALLENGE FOR US IS BEING ABLE TO ENJOY THE OUTDOORS AND EAT FOOD OUTSIDE WITHOUT BEING SWARMED BY FLIES. AND SO THOSE WERE KIND OF THE MAJOR PRIORITIES FOR WHY WE WERE HOPING TO HAVE AN ENCLOSED SPACE, SPECIFICALLY A SCREENED IN PORCH. AS YOU CAN SEE, IT WOULDN'T BE. IT'S NOT. IT IS LIVING SPACE, BUT IT'S NOT LIKE I'M ADDING ON A ROOM TO MY HOUSE. IT'S MORE JUST THAT THIS THIS IS JUST SIMPLY A PORCH. BASICALLY, THIS IS A PORCH THAT I THAT WOULD BE VERY USEFUL FOR MAKING SURE THAT I DON'T IMMEDIATELY GET BIT BY DOGS THE MOMENT I WALK OUT THE FRONT DOOR OR GET SWARMED BY FLIES EVERY TIME I HAVE HAMBURGERS OR ANY SORT OF BARBECUE. SO THANK YOU FOR YOUR CONSIDERATION. I BELIEVE I'VE COVERED ALL MY POINTS. I'M GOING TO LOOK BACK AT MY WONDERFUL WIFE, AND I THINK SHE'S GOING TO GIVE A THUMBS UP ON THAT ONE. THANK YOU VERY MUCH. THANK YOU. I HAVE A QUESTION FOR YOU, DOCTOR. YES. THE REASON THAT YOU'RE NOT CONSIDERING THE BACKYARD ON THIS. I SEE YOUR LOT IS PRETTY GOOD SIZE. IS THERE A REASON BEHIND THAT? YES. SO BASICALLY THE FRONT. SO AGAIN THE SAFETY WE'RE BASICALLY THE FRONT DOOR OPENS IMMEDIATELY TO THE AND SO AND SO TO DO IT ON THE BACK PORCH WOULD BASICALLY KNOCK A KNOCK. I LIVE IN A TWO BEDROOM, ONE BATH HOUSE. AND SO BASICALLY TO DO IT ON THE BACK PORCH, I WOULD HAVE TO KNOCK ON A DOOR INTO MY BEDROOM, DIRECTLY INTO THE BACKYARD. IT IS A SIZABLE BACKYARD, BUT IT'S JUST LIKE THE DIMENSIONS OF THE HOUSE DOESN'T. IT DOESN'T MAKE SENSE TO BUILD BACK FROM WHERE THE DOORS ARE TO ME. I'VE LIVED THERE, AND MOSTLY IT IT'S A MATTER OF SAFETY WHERE AT THE MOMENT I WALK OUTSIDE, I'D RATHER NOT BE GREETED BY EVERY NEIGHBOR'S DOG. OKAY. BUT. YES. DO YOU HAVE A FENCE? I DO HAVE A FENCE. I DO HAVE A FENCE. THE DOG'S STILL GETTING THROUGH THE FENCE. YEP, YEP. SO THE FENCE MOSTLY ENCLOSES THE BACKYARD. I DO HAVE A FENCE IN THE FRONT YARD. HOWEVER, IT DOESN'T FULLY ENCLOSED THE DRIVEWAY. AND SO THE NEIGHBORHOOD DOGS WILL BE ABLE TO COME STRAIGHT UP INTO THE FRONT PORCH. YES. OKAY. THANK YOU. THANK YOU. YES, SIR. GOOD EVENING. MY NAME IS ANTHONY MARTINEZ. I'M WITH THE HOME RESCUE SOLUTIONS. I WORK FOR THE OWNER. AND SO WE'RE THE ONES THAT PROVIDED THESE DRAWINGS ON THE GUY UP ON THE MEASUREMENT OF THE FENCE. BUT WE WENT OFF BASICALLY WHEN HE BOUGHT THE HOME, WE HAD THE HOUSE INSPECTED, AND HE HAD IT HAD WHAT IS CALLED SURVEY DONE. AND SO THAT'S WHAT WE FOUND OUT, THE MISTAKES ABOUT THE OFFSET AND ALL THAT. SO BASICALLY, THAT'S UP FOR CHANGE. WE'RE WILLING TO WORK WITH YOU. WE WILL ALLOW US TO DO THIS, WHETHER IT'S THE SCREENING PROBLEM OR THE STRUCTURE OF IT. WE'LL TRY TO CHANGE IT. AND THE REASON WHY THERE ARE NO OTHER STRUCTURES AROUND THERE IS WELL, HE'S FROM COLORADO, RIGHT? THERE'S A LOT OF DIFFERENT BUILDINGS, A LOT OF DIFFERENT ARCHITECTURE. AND THE NEIGHBORHOOD IS IN A REALLY BAD SIDE OF TOWN. AND SO HE'S BASICALLY GIVING THE NEIGHBORHOOD A REALLY NICE LOOK, YOU KNOW, AND HE WANTS TO GET A LITTLE GARDEN GOING AND STUFF. WE UNDERSTAND. AND I KNOW THE CITY HAS IT'S IT'S ON ISSUES THAT ARE LAWS AND RULES THAT WE GOTTA FOLLOW, BUT WE'RE HOPING THAT WE CAN WORK WITH YOU AND TO HELP RESOLVE AND WORK WITH HIM, TO HELP HIM GET HIS LITTLE PLACE GOING. BUT YES, HE DOES HAVE A FENCE AND WE'RE PLANNING ON FIXING IT ALSO. [00:30:03] IT'S JUST, YOU KNOW, A LOT OF TIME, MONEY. I KNOW THAT'S AN ISSUE FOR HIM AND WE WILL WORK ON WITH HIM ALSO. THANK YOU FOR YOUR COMMENTS. THANK YOU MISTER. IS THERE ANYONE ELSE IN THE PUBLIC THAT WOULD LIKE TO MAKE A COMMENT? I JUST WANTED TO BRING OUT THAT THE UNIFIED DEVELOPMENT CODE UNDER SPECIAL ALLOWANCES, DOES ALLOW UNENCLOSED PORCHES TO ENCROACH FOUR FEET INTO THE FRONT SETBACK. SO IF THIS WAS AN UNENCLOSED PORCH, HE WOULD BE ABLE TO HAVE A 16 FOOT FRONT SETBACK. BUT IT ALL CHANGED BECAUSE IT'S AN ENCLOSED PORCH. THANK YOU. MR. FARLEY. WHAT DID THE NEIGHBORS SURROUNDING NEIGHBORS. YEAH. SO. RIGHT. RIGHT NEXT DOOR TO THIS PROPERTY THERE IS WHAT I WOULD CONSIDER AN UNENCLOSED PORCH. IT'S MORE OR LESS GOING TO BE IN LINE WITH WITH THE CARPORT THAT'S NEXT DOOR. IT'S UNENCLOSED. IT JUST HAS THE ROOF. SO IT DOES. THIS PROPOSAL DOES MEET THE SIDE CORNER SETBACK. IT JUST DOESN'T MEET THE FRONT SETBACK. DOES THE BOARD HAVE ANY MORE QUESTIONS OR COMMENTS? IF NOT, I'LL CLOSE PUBLIC COMMENTS ON THIS ITEM AND ASK THE BOARD FOR A MOTION. A MOTION TO DENY A REQUEST. I HAVE A MOTION TO DENY. IS THERE A SECOND? I SECOND THE MOTION. HAVE A SECOND FROM MR. GARZA. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. MOVING ON TO ITEM SEVEN. [C. Request by Eirasema Salinas for a Variance to the City of Edinburg Unified Development Code to] C REQUEST BY IRASEMA SALINAS FOR A VARIANCE. SIR I THINK MAYBE WE FAILED TO PRESENT THIS IN THE BEGINNING, BUT THAT ITEM IS BEING PULLED FROM THIS AGENDA. OKAY. THERE WERE SOME OTHER ISSUES THAT CAME UP IN THE REVIEW, AND THEY WOULD BE HEARD, PERHAPS ON THE NEXT MEETING. OKAY. SO I THINK THAT WAS OUR LAST ITEM FOR PUBLIC HEARINGS. MOVING ON TO ATTENDANCE ROSTER. MR.. DO YOU NEED TO SPEAK ON THE ATTENDANCE ROSTER? NO, I HAVE NOTHING TO SAY. AS FAR AS ATTENDANCE. I DID WANT TO INVITE EVERYBODY TO A LUNCH AND LEARN THAT WE'RE HAVING TOMORROW. IT'S GOING TO BE HERE IN THIS BUILDING, IN THIS COUNCIL CHAMBERS, AT NOON FROM NOON. AND WE'RE GOING TO TRY TO GET EVERYBODY OUT OF HERE KIND OF QUICKLY. SO. OKAY. EXCELLENT. I THINK WE'LL ALL BE HERE. I'LL BE HERE. THAT'S ALL I HAVE. THANK YOU. WITH THAT, I'D LIKE TO MAKE A MOTION TO ADJOURN THE MEETING. I'LL SECOND. HAVE A SECOND FOR MR. GARZA. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL OPPOSED? SAME SIGN. MOTION PASSES. MEETING ADJOURNED. * This transcript was compiled from uncorrected Closed Captioning.